1. General principles. Upon every judgment of annulment, dissolution, or separate
maintenance, the court shall divide the property of the parties and transfer the title of the
property accordingly, including ordering the parties to execute a quitclaim deed or ordering
a change of title for tax purposes and delivery of the deed or change of title to the county
recorder of the county in which each parcel of real estate is located.
2. Duties of county recorder. The county recorder shall record each quitclaim deed or
change of title and shall collect the fee specified in section 331.507, subsection 2, paragraph
“a”, and the fees specified in section 331.604.
3. Duties of clerk of court. If the court orders a transfer of title to real property, the clerk
of court shall issue a certificate under chapter 558 relative to each parcel of real estate affected
\n
Tue Dec 09 22:00:11 2025 Iowa Code 2026, Chapter 598 (41, 1)
13 DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS, §598.21\n\nby the order and immediately deliver the certificate for recording to the county recorder of
the county in which the real estate is located. Any fees assessed shall be included as part
of the court costs. The county recorder shall deliver the certificates to the county auditor as
provided in section 558.58, subsection 1.
4. Property for children. The court may protect and promote the best interests of children
of the parties by setting aside a portion of the property of the parties in a separate fund or
conservatorship for the support, maintenance, education, and general welfare of the minor
children.
5. Division of property. The court shall divide all property, except inherited property or
gifts received or expected by one party, equitably between the parties after considering all of
the following:
a. The length of the marriage.
b. The property brought to the marriage by each party.
c. The contribution of each party to the marriage, giving appropriate economic value to
each party’s contribution in homemaking and child care services.
d. The age and physical and emotional health of the parties.
e. The contribution by one party to the education, training, or increased earning power of
the other.
f. The earning capacity of each party, including educational background, training,
employment skills, work experience, length of absence from the job market, custodial
responsibilities for children, and the time and expense necessary to acquire sufficient
education or training to enable the party to become self-supporting at a standard of living
reasonably comparable to that enjoyed during the marriage.
g. The desirability of awarding the family home or the right to live in the family home for
a reasonable period to the party having custody of the children, or if the parties have joint
legal custody, to the party having physical care of the children.
h. The amount and duration of an order granting support payments to either party
pursuant to section 598.21A and whether the property division should be in lieu of such
payments.
i. Other economic circumstances of each party, including pension benefits, vested or
unvested. Future interests may be considered, but expectancies or interests arising from
inherited or gifted property created under a will or other instrument under which the
trustee, trustor, trust protector, or owner has the power to remove the party in question as a
beneficiary, shall not be considered.
j. The tax consequences to each party.
k. Any written agreement made by the parties concerning property distribution.
l. The provisions of an antenuptial agreement.
m. Other factors the court may determine to be relevant in an individual case.
6. Inherited and gifted property. Property inherited by either party or gifts received by
either party prior to or during the course of the marriage is the property of that party and
is not subject to a property division under this section except upon a finding that refusal to
divide the property is inequitable to the other party or to the children of the marriage.
7. Not subject to modification. Property divisions made under this chapter are not
subject to modification.
8. Necessary content of order. Orders made pursuant to this section need mention only
those factors relevant to the particular case for which the orders are made but shall contain
the names, birth dates, addresses, and counties of residence of the petitioner and respondent.
[C51, §1485; R60, §2537; C73, §2229; C97, §3180; C24, 27, 31, 35, 39, §10481; C46, 50, 54,
58, 62, 66, §598.14; C71, 73, 75, 77, 79, §598.17, §598.21; C81, §598.21; 82 Acts, ch 1054, §1,
ch 1250, §4 – 9]
83 Acts, ch 101, §118; 85 Acts, ch 159, §10; 85 Acts, ch 178, §6, 7; 86 Acts, ch 1079, §5; 88
Acts, ch 1141, §2; 89 Acts, ch 102, §6; 89 Acts, ch 166, §6; 90 Acts, ch 1224, §42 – 45; 92 Acts,
ch 1195, §405, 406, 508, 509; 93 Acts, ch 78, §44 – 46; 93 Acts, ch 79, §48, 49; 94 Acts, ch 1171,
§40 – 42; 95 Acts, ch 52, §8; 95 Acts, ch 115, §11, 12; 96 Acts, ch 1106, §17; 96 Acts, ch 1141,
§7, 28, 29; 97 Acts, ch 41, §32; 97 Acts, ch 175, §188 – 193, 200; 99 Acts, ch 103, §44, 45; 2001
Acts, ch 143, §8; 2002 Acts, ch 1018, §16, 17, 21; 2003 Acts, ch 151, §28; 2004 Acts, ch 1157,
\n
Tue Dec 09 22:00:11 2025 Iowa Code 2026, Chapter 598 (41, 1)
§598.21, DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS 14\n\n§1; 2005 Acts, ch 69, §38; 2007 Acts, ch 163, §1 – 3; 2009 Acts, ch 27, §36; 2009 Acts, ch 159,
§14; 2009 Acts, ch 179, §44
Referred to in §321A.17, 557.15, 598.20, 598.21A
\n
Notes of Decisions
In Re the Marriage of Rhinehart, 704 N.W.2d 677 (Iowa 2005).
· cites it 47× “" See Iowa Code § 598.21 (5A)(3) (stating educational expenses not covered by child's expected contribution shall be apportioned by the court to each parent).”
In Re the Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006).
· cites it 23× “(citing Iowa Code § 598.21 (1) (2003)). Importantly, “the property included in the divisible estate includes not only property acquired during the marriage by one or both of the parties, but property owned prior to the marriage by a party.”
In Re the Marriage of Rosenfeld, 668 N.W.2d 840 (Iowa 2003).
· cites it 44× “” Iowa Code § 598.21 (5A). The court shall determine “the reasonable costs for only necessary postsecondary education expenses.”
In Re the Marriage of Thielges, 623 N.W.2d 232 (Iowa Ct. App. 2000).
· cites it 34× “His arguments are based on the decree’s relocation restriction and section 598.21(8A), a provision of the Iowa Code applicable to long-distance relocations.”
In Re the Marriage of McKenzie, 709 N.W.2d 528 (Iowa 2006).
· cites it 25× “Iowa Code § 598.21 (8) (2003). 1 The Code also contained an additional ground for modification of child support.”
In Re the Marriage of Pals, 714 N.W.2d 644 (Iowa 2006).
· cites it 29× “Iowa Code § 598.21 (8) (2003). To constitute a “substantial change in circumstances,” the changed conditions “ ‘must be material and substantial, not trivial, more or less permanent or continuous, not temporary, and must be such as were not within the knowledge or contemplation…”
In Re the Marriage of Schriner, 695 N.W.2d 493 (Iowa 2005).
· cites it 15× “2d 205, 207 (Iowa 1987) (citing Iowa Code § 598.21 (1) (1985)). See generally Joseph A.”
In Re Marriage of Fennelly & Breckenfelder, 737 N.W.2d 97 (Iowa 2007).
· cites it 10× “Iowa Code § 598.21 (1). In the present case, the parties agreed to equally divide all property acquired during the marriage.”
— Iowa Code § 598.21(1) — 101 cases
In Re the Marriage of Rhinehart, 704 N.W.2d 677 (Iowa 2005).
“" See Iowa Code § 598.21 (5A)(3) (stating educational expenses not covered by child's expected contribution shall be apportioned by the court to each parent).”
— Iowa Code § 598.21(1)(a) — 1 case
— Iowa Code § 598.21(1)(b) — 1 case
— Iowa Code § 598.21(1)(g) — 2 cases
— Iowa Code § 598.21(1)(i) — 1 case
— Iowa Code § 598.21(1)(k) — 4 cases
— Iowa Code § 598.21(1)(m) — 1 case
— Iowa Code § 598.21(1)(to) — 1 case
— Iowa Code § 598.21(1)(⅛) — 1 case
— Iowa Code § 598.21(11) — 3 cases
— Iowa Code § 598.21(2) — 31 cases
In Re the Marriage of Rhinehart, 704 N.W.2d 677 (Iowa 2005).
“" See Iowa Code § 598.21 (5A)(3) (stating educational expenses not covered by child's expected contribution shall be apportioned by the court to each parent).”
— Iowa Code § 598.21(3) — 77 cases
— Iowa Code § 598.21(3)(1) — 2 cases
— Iowa Code § 598.21(3)(1993) — 1 case
— Iowa Code § 598.21(3)(1995) — 1 case
— Iowa Code § 598.21(3)(b) — 2 cases
— Iowa Code § 598.21(3)(c) — 4 cases
— Iowa Code § 598.21(3)(d) — 1 case
— Iowa Code § 598.21(3)(e) — 9 cases
— Iowa Code § 598.21(3)(f) — 2 cases
— Iowa Code § 598.21(3)(i) — 1 case
— Iowa Code § 598.21(3)(j) — 3 cases
— Iowa Code § 598.21(4) — 37 cases
In Re the Marriage of McKenzie, 709 N.W.2d 528 (Iowa 2006).
“Iowa Code § 598.21 (8) (2003). 1 The Code also contained an additional ground for modification of child support.”
— Iowa Code § 598.21(4)(a) — 13 cases
In Re the Marriage of Pals, 714 N.W.2d 644 (Iowa 2006).
“Iowa Code § 598.21 (8) (2003). To constitute a “substantial change in circumstances,” the changed conditions “ ‘must be material and substantial, not trivial, more or less permanent or continuous, not temporary, and must be such as were not within the knowledge or contemplation…”
— Iowa Code § 598.21(4)(i) — 1 case
— Iowa Code § 598.21(4)(n) — 1 case
In Re the Marriage of McKenzie, 709 N.W.2d 528 (Iowa 2006).
“Iowa Code § 598.21 (8) (2003). 1 The Code also contained an additional ground for modification of child support.”
— Iowa Code § 598.21(4)(u) — 1 case
— Iowa Code § 598.21(4A) — 1 case
— Iowa Code § 598.21(5) — 146 cases
— Iowa Code § 598.21(5)(A) — 1 case
— Iowa Code § 598.21(5)(K) — 1 case
— Iowa Code § 598.21(5)(a) — 5 cases
— Iowa Code § 598.21(5)(b) — 6 cases
— Iowa Code § 598.21(5)(c) — 3 cases
— Iowa Code § 598.21(5)(d) — 3 cases
— Iowa Code § 598.21(5)(e) — 2 cases
— Iowa Code § 598.21(5)(f) — 2 cases
— Iowa Code § 598.21(5)(g) — 2 cases
— Iowa Code § 598.21(5)(h) — 2 cases
— Iowa Code § 598.21(5)(i) — 3 cases
— Iowa Code § 598.21(5)(j) — 3 cases
— Iowa Code § 598.21(5)(k) — 5 cases
— Iowa Code § 598.21(5)(m) — 6 cases
— Iowa Code § 598.21(5A) — 24 cases
In Re the Marriage of Rosenfeld, 668 N.W.2d 840 (Iowa 2003).
“” Iowa Code § 598.21 (5A). The court shall determine “the reasonable costs for only necessary postsecondary education expenses.”
In Re the Marriage of Pals, 714 N.W.2d 644 (Iowa 2006).
“Iowa Code § 598.21 (8) (2003). To constitute a “substantial change in circumstances,” the changed conditions “ ‘must be material and substantial, not trivial, more or less permanent or continuous, not temporary, and must be such as were not within the knowledge or contemplation…”
In Re the Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006).
“(citing Iowa Code § 598.21 (1) (2003)). Importantly, “the property included in the divisible estate includes not only property acquired during the marriage by one or both of the parties, but property owned prior to the marriage by a party.”
In Re the Marriage of Rhinehart, 704 N.W.2d 677 (Iowa 2005).
“" See Iowa Code § 598.21 (5A)(3) (stating educational expenses not covered by child's expected contribution shall be apportioned by the court to each parent).”
— Iowa Code § 598.21(5A)(1) — 1 case
— Iowa Code § 598.21(5A)(3) — 1 case
In Re the Marriage of Rhinehart, 704 N.W.2d 677 (Iowa 2005).
“" See Iowa Code § 598.21 (5A)(3) (stating educational expenses not covered by child's expected contribution shall be apportioned by the court to each parent).”
— Iowa Code § 598.21(5A)(a) — 5 cases
— Iowa Code § 598.21(5A)(a)(1) — 1 case
— Iowa Code § 598.21(5A)(a)(2) — 4 cases
In Re the Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006).
“(citing Iowa Code § 598.21 (1) (2003)). Importantly, “the property included in the divisible estate includes not only property acquired during the marriage by one or both of the parties, but property owned prior to the marriage by a party.”
— Iowa Code § 598.21(5A)(a)(3) — 2 cases
In Re the Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006).
“(citing Iowa Code § 598.21 (1) (2003)). Importantly, “the property included in the divisible estate includes not only property acquired during the marriage by one or both of the parties, but property owned prior to the marriage by a party.”
— Iowa Code § 598.21(5A)(a)(l) — 2 cases
In Re the Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006).
“(citing Iowa Code § 598.21 (1) (2003)). Importantly, “the property included in the divisible estate includes not only property acquired during the marriage by one or both of the parties, but property owned prior to the marriage by a party.”
— Iowa Code § 598.21(5A)(c) — 1 case
— Iowa Code § 598.21(5A)(d) — 1 case
— Iowa Code § 598.21(5A)(e) — 7 cases
In Re the Marriage of Pals, 714 N.W.2d 644 (Iowa 2006).
“Iowa Code § 598.21 (8) (2003). To constitute a “substantial change in circumstances,” the changed conditions “ ‘must be material and substantial, not trivial, more or less permanent or continuous, not temporary, and must be such as were not within the knowledge or contemplation…”
— Iowa Code § 598.21(6) — 36 cases
In Re the Marriage of Pals, 714 N.W.2d 644 (Iowa 2006).
“Iowa Code § 598.21 (8) (2003). To constitute a “substantial change in circumstances,” the changed conditions “ ‘must be material and substantial, not trivial, more or less permanent or continuous, not temporary, and must be such as were not within the knowledge or contemplation…”
— Iowa Code § 598.21(7) — 4 cases
— Iowa Code § 598.21(8) — 64 cases
— Iowa Code § 598.21(8)(1987) — 1 case
— Iowa Code § 598.21(8)(Z) — 2 cases
— Iowa Code § 598.21(8)(a) — 4 cases
— Iowa Code § 598.21(8)(e) — 1 case
— Iowa Code § 598.21(8)(i) — 1 case
— Iowa Code § 598.21(8)(k) — 3 cases
— Iowa Code § 598.21(8)(k)(2) — 1 case
— Iowa Code § 598.21(8A) — 2 cases
In Re the Marriage of Thielges, 623 N.W.2d 232 (Iowa Ct. App. 2000).
“His arguments are based on the decree’s relocation restriction and section 598.21(8A), a provision of the Iowa Code applicable to long-distance relocations.”
— Iowa Code § 598.21(9) — 17 cases
In Re the Marriage of McKenzie, 709 N.W.2d 528 (Iowa 2006).
“Iowa Code § 598.21 (8) (2003). 1 The Code also contained an additional ground for modification of child support.”
— Iowa Code § 598.21(A) — 1 case
— Iowa Code § 598.21(A)(1)(b) — 1 case
— Iowa Code § 598.21(A)(1)(c) — 1 case
— Iowa Code § 598.21(A)(2) — 1 case
— Iowa Code § 598.21(A)(j) — 1 case
— Iowa Code § 598.21(B) — 1 case
— Iowa Code § 598.21(b) — 1 case
— Iowa Code § 598.21(k) — 1 case
— Iowa Code § 598.21(l) — 1 case
— Iowa Code § 598.21(l)(a) — 2 cases
— Iowa Code § 598.21(l)(b) — 4 cases
— Iowa Code § 598.21(l)(fc) — 1 case
— Iowa Code § 598.21(l)(g) — 3 cases
— Iowa Code § 598.21(l)(i) — 2 cases
In Re the Marriage of Rhinehart, 704 N.W.2d 677 (Iowa 2005).
“" See Iowa Code § 598.21 (5A)(3) (stating educational expenses not covered by child's expected contribution shall be apportioned by the court to each parent).”
— Iowa Code § 598.21(l)(j) — 3 cases
— Iowa Code § 598.21(l)(k) — 3 cases
— Iowa Code § 598.21(l)(m) — 4 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.